[Amended 6-5-1995 by Ord. No. 95-01; 4-20-1998 by Ord. No. 98-02; 8-3-1998 by Ord. No. 98-07; 3-18-2002 by Ord. No. 02-01]
A. Subdivision and land development application fees shall be fixed by the Board of Supervisors by resolution. In addition to such application fees, all disbursements by the Township incident to plan review, approval and inspection of construction, inspection of dedicated improvements, including but not necessarily limited to engineering fees, legal fees, costs of material or site testing, any maintenance costs prior to acceptance of improvements by the Township, any inspection costs incurred after dedication of public improvements but prior to the expiration of the eighteen-month maintenance period, any costs that the Township incurs in enforcing the maintenance security, and any other professional services used by the Township in conjunction with plan review, inspection of improvements and enforcement of maintenance security, shall be paid for by the applicant pursuant to Subsection
B herein. The costs and fees required by this section shall be in amounts ordinarily and customarily charged by the professional consultant and in no event shall such fees and costs exceed the rate charged by the professional consultant to the Township. Any fees that the Township incurs prior to final approval of a land development or subdivision plan must be reimbursed by the applicant and/or the developer prior to the recording of the final approved subdivision or land development plan. Any fees incurred by the Township after the final plan is approved but prior to dedication of public improvements must be paid before the Township will accept the public improvements. Any fees that the Township incurs after public improvements have been dedicated but prior to the expiration of the eighteen-month maintenance period must be paid before the maintenance security is released.
B. Upon submission of a sketch plan pursuant to §
103-10 which is distributed to the Township Engineer, Solicitor or other Township consultant for review, the applicant, owner, subdivider or developer ("the applicant") shall deposit an amount as set and established from time to time by resolution of the Township's Board of Supervisors to be held in an escrow account with the Township. Upon submission of a preliminary plan pursuant to §
103-12, the applicant shall deposit with the Township an amount as set and established from time to time by resolution of the Township's Board of Supervisors to be held in an escrow account with the Township. Upon submission of a final plan pursuant to §
103-14, the applicant shall deposit an amount as set and established from time to time by resolution of the Township's Board of Supervisors in an escrow account with the Township. Upon receipt of an invoice or bill from a Township consultant for services rendered in review of the sketch plan, preliminary plan and final plan, the Township shall withdraw from the designated escrow account the amount necessary to pay the consultant's bill as it becomes due. The Township shall send the applicant a copy of the consultant's invoice and notice that such bill has been paid from the escrow funds. In the event that the applicant's escrow account is depleted prior to all consultants' fees being paid in full, or is insufficient to cover the Township's consultants' fees, the Township may require the applicant to deposit additional funds in the escrow account to cover the unpaid consultants' fees. Prior to the date when the applicant executes and submits a performance guaranty or escrow agreement pursuant to §
103-17, no building permits shall be issued until the applicant has reimbursed the Township for all outstanding consultants' fees. After the applicant has executed and submitted a performance guaranty or escrow agreement, the Township may use the escrow funds established as the performance guaranty for the payment of the consultants' fees. Any amount remaining in the escrow funds after the applicant's plans have been approved will be refunded to the applicant. After the applicant/developer has executed and submitted a maintenance guarantee, the Township may use the escrow funds established as the maintenance guarantee for the payment of the consultant's fees. Any amount remaining in the escrow funds after the expiration of the eighteen-month maintenance period will be refunded to the applicant/developer.